As has been covered here and just about everywhere; on Wednesday, July 29, 2015 The Senate Health Education Labor & Pensions (HELP) Committee held a hearing in Washington DC to discuss the issue of sexual assaults on college campuses; primarily the Campus Accountability & Safety Act. The usual collection of sexual assault grievance hysterics testified before this committee.
Sexual assault, when it does happen, and after a fair and impartial investigation, those found guilty in a criminal court of law must be held accountable. No one is going to dispute that.
The witnesses included Senators’ McCaskill, Gillibrand, Ayotte, and Dean Heller on one panel. The other panel consisted of University of California President Janet uh-uh-uh-uh (I lost count after about 100 uh’s) Napolitano, Dana Bolger, Co-Founder, Know Your IX Washington, D.C., Dolores Stafford, Executive Director, National Association of Cleary Compliance Officers & Professionals, and Mollie Benz Flounlacker, Associate Vice President For Federal Relations, Association of American Universities, Washington , D.C.
There was NO ONE, I repeat, NO ONE testifying about the issue of due process or who represented students who had been falsely accused. There could not be a more biased panel of witnesses in the solar system, unless the Mars Rover discovered some form of life on Mars that had been sexually assaulted.
Mr. McCaskill enhanced his testimony, claiming that he has met with all kinds of groups to learn more about the problem, including with families of those who have been accused. Really Senator? Who?
NONE of the witnesses mentioned the term due process, only a rare and conciliatory word; “fairness.”
Senators Gillibrand, McCaskill and ranking member Patty Murray continually referred to accusers as “victims” or “survivors” and the accused as “accused,” “alleged perpetrator” or “rapist.”
Does anyone see the bias in those assertions?
Senators Murray and Elizabeth (I’m really a Native American) Warren regurgitated the nonsensical “1 in 5” statistic claiming it had come from the CDC. Despite being something like, a thousand studies and analyses and reviews of actual DOJ crime statistics and reviews of Cleary reports, the real number is something like 1 in 5,000; give or take.
I interviewed a recent male college graduate from a medium sized California University, with about 8 thousand students, who wished to remain anonymous. This recent male graduate was very active in school functions, and was considered a very popular student who knew nearly all of the male students and most of the female students. This male stated that in four years of attending this university, he had never heard of one male student being raped; officially or unofficially. Google searches and reviews of Cleary reports revealed the same.
I guess in this case, the school seems to have misplaced 1,000 sexual assault victims. Or maybe they didn’t happen.
Delores Stafford suggested that the education process should begin in High School and should focus on women. Yeah, that will fix the problem; let’s indoctrinate and humiliate female high school students that they are all rapists in waiting who must be re-educated and trained, like an organ grinder circus monkey; not to rape.
All panelists repeated ad nausea education, education, education, awareness, awareness, awareness. Really? We are, and have been in awareness overload for some time now. I can predict the Billion$$$ more being spent and a small army in the works.
One, of many parts of this that was scary was the fact that Senators’ McCaskill and Ayotte were former sexual assault prosecutors. If they display this kind of bias as United States Senators, what do you think their attitudes were as prosecutors? Are there other Vladek Filler’s out there who have been on the receiving end of McCaskill’s and Ayotte’s ideological driven prosecutorial misconduct?
Several of the witnesses stated that sexual assault “survivors” don’t know who to turn to and don’t know what to expect.”
Here’s a little hint; if you were raped, dial 9-1-1.
A question that must be asked is; how is it possible that a supposed somewhat intelligent college students who allegedly had to demonstrate a somewhat functioning level of intelligence to get into college, not figure out who to call or where to turn when they feel that they have been an actual victim of sexual assault? Does the process require some type of Mission Impossible directions from a self-destructing tape recorder on a mountain top in Nepal?
I checked the website of the University of California system, the school system that Ms., I mean Mr. (uh-uh-uh-uh) Napolitano is president and within 2 seconds and two clicks of a mouse, I had found a main page containing virtually every resource of information available to victims of sexual assault, harassment, dating or domestic violence and stalking, along with phone numbers for help of every college in the UC system, including how to make a report.
Tell me again how and why alleged victims do not know where to go if they were sexually assaulted?
Many of the witnesses harped on having a “confidential” advocate to support the alleged victims. There is no argument as to whether or not actual and true victims are in need of counseling; but what is meant by a “confidential” advocate; and what types of protections should they have.
If any alleged sexual assault victim discusses their case with anyone, other than a licensed professional who is bound by laws and rules of confidentiality; then that person is a potential witness. If they want that confidentiality, then the “confidential” advocate should and must be in one of those professions that insure confidentiality by law.
What if an alleged male victim tells his BFF that he made up the whole rape story, because “Joe” had dumped him and he was pissed, but he did in confidence? Unless that BFF is a medical, psychological, or legal professional protected by law, then that BFF can become a witness if the accused learns of this revelation.
Some of the witnesses kept referring the school process as a “disciplinary” process. Well, should there not be some type of offense to have been established before any “discipline” takes place. Talk about putting the cart in front of the horse. In the current version of CASA, there are severe limitations to the questioning of an accuser that focus on feelings rather than facts. College tribunals interpret questions by the accused to the accuser, and then translate those into the form of how the accuser is to be asked keeping in mind what the accuser felt rather than what actually occurred.
Alleged Victim: “Well even though I had nothing to drink and the female had me sign a consent in triplicate that was notarized and witnessed by three lawyers, and she videotaped every stage of an encounter, once again having me place my initials next to each question such as; can I kiss you, can I feel your breast, can I remove your panties, and the other 147 questions and sub questions, and follow-up questions, and I sent her 84 text messages in the two weeks following the event telling her how great it was, and after I talked to 17 advocates and various workers at the man’s health center on campus for six months, I still feel as if I had been raped.”
Panel: “Evidence Inadmissible; Guilty!!!
I am being facetious of course, but not really that far off from the truth.
Senator Alexander posed a question to the witnesses concerning the issue of due process for both the accuser and the accused and was met with silence for about six seconds, before uh-uh-uh-uh Mr. Napolitano chimed in that; that is something they are looking at right now. That response was probably due to the fact that a Superior Court judge in San Diego excoriated the University of California at San Diego for violating the due process rights of a female student, and expelling her. Maybe that’s why Janet uh-uh-uh-uh Napolitano chimed in after a lengthy delay that he was “looking into that.” My; in the year 2015, a former attorney general is just now getting around to the issue of looking at due process; something that has been inscribed in law since 1776. Uh-uh-uh-uh Napolitano must have been sick that day they taught due process in law school.
There were only a few brief statements that had anything to do with fairness and nothing about the rising tide of false allegations. No one mentioned “mattress boy” or UVA and Rolling Stone, the Duchess Lacrosse fiasco, or countless others across the country of college women being falsely accused.
Senator Sheldon Whitehouse also addressed due process and the use of law enforcement, reminding panelists that these campus adjudications can be used in future criminal court proceedings. She made a statement that I and many others have said from the beginning that it is imperative that law enforcement be brought into this process as soon as possible. She also mentioned; and she is correct, that anything that is learned or discovered in the college tribunal can be used in a subsequent criminal trial.
So there you have it. A Senate committee that is responsible for amending and sending this piece of legislation through for implementation and law only hearing one side of the equation.
No one is going to say that sexual assaults don’t happen on campuses, and no one is going to say that neither the college kangaroo proceedings nor law enforcement don’t screw up from time to time. But what we have here is the sexual grievance hysteria industry wants and demands a separate system of justice for alleged violations, with a separate system of rules with separate rules of evidence and decorum that virtually guarantees than any accusation results in sanction.
In their delusional world view of sex assault hysteria, an allegation equals a conviction. There’s no need for all this due process, the right to face your accuser and rule of law stuff.
They want a college version of a conviction; they want heads on a platter, and they are hell bent to achieve that goal by any means possible, even if it means they have to destroy hundreds if not thousands of young women in the process.
CASA is in complete contrast to the Constitution and to Due Process, and defies rule of law, and basic common sense; the same type of common sense that I would presume most college students and staff should have if they step foot on a college campus.
Am I missing something, or have I just stepped into the Twilight Zone of lunacy?